Legal Opinion

In Re: Robert Pruett

Court of Appeals for the Fifth Circuit

Decided October 6, 2017No. 17-41007Unpublished

1Opinion of the Court

JERRY E. SMITH, Circuit Judge: *

Robert Pruett is scheduled to be executed for capital murder on October 12, 2017. On October 3, he moved for this authorization to file a successive petition for writ of habeas corpus to raise the following claims:(1) In view of recently discovered evidence, no reasonable juror would have voted to convict Pruett of capital murder.(2) Pruett’s due-process right to a fundamentally unfair trial was violated by the state’s use of • forensic science testimony that current scientific understanding exposes as false.(3) Recently discovered evidence that was wrongfully…

2Cases cited6 opinions

  1. Arizona v. YoungbloodSupreme Court of the United States · 1989
  2. Davidson v. CannonSupreme Court of the United States · 1986
  3. District Attorney's Office for the Third Judicial District v. OsborneSupreme Court of the United States · 2009
  4. Cesar Roberto Fierro v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
  5. Robert Pruett v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2011

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